The judge struck down Gretchen’s claims of defamation, libel and portrayal in a false light after determining that her lawyers hadn’t offered up enough evidence to prove that Jay was lying about the two of them being in a romantic relationship while she was engaged to Jeff Beitzel, who died of cancer in 2008.

Gretchen’s attorney Gregory G. Brown says he is considering an appeal. This ruling comes months after Gretchen was forced to fork over $24,000 to cover Jay’s legal fees after he took her to court for defamation.

Gretchen told UsWeekly magazine, “I was truly sorry to hear the news.” She added of Vicki, “She’s been having a really tough couple of days.”

Gretchen shares she sent Vicki a text message of support after the announcement. “I’ve talked to a few people in the inner circle and it’s a bad situation for her right now.” According to Gretchen, the split came as a surprise. “It kind of took us all by surprise, because from what I knew…things were going well, so I don’t really know what happened. It’s very sad.”